Advocate Naresh Panwar

Questions Answered by Advocate Naresh Panwar

Q: How much time it takes to quash an fir in India?

When we can challenge the FIR for quashing?? After Chargesheet or Before Chargesheet.. What is the time limit of quashing the FIR?? please also tell me quash petition procedure in India?

Advocate Naresh Panwar answered
Fir can be challenged from the day of knowledge or registration, procedure however may be different for queahing of fir, such as before filing of chargesheet or during the investgation may fill a writ petition however after chargesheet filed criminal miscellance petition. Now, more technical points such as, in none cognigable offence for, matter can be compound before concern court for cognigable offence however, only concern high court has absolute jurisdiction for queshing. Now, you are requestd to share the fir registered against you importantly under which section of offences and status of fir now a day, willing to help do write in detail.

Q: How to apply for bail for government officers & consequences of it

My some relatives made a fake case on my parents under IPC 306 A or B. My parents both are government officer. What happens if they try to take bail ? Please answer me sir.

Advocate Naresh Panwar answered
To attract the provision of abetment of suicide, there must be allegation that the accused had instigated the deceased to commit suicide, the Bombay High Court has held.A division bench of Justices Ranjit More and V L Achiliya quashed a case registered against Kishor Shinde, Assistant Engineer with Maharashtra State Electricity Distribution Company Ltd (MSEDC), for allegedly abetting the suicide of a junior technician Dilip Magar. Your case cannot be booked only in one 306 (as per narration) but some other section would be there. Family issue pertaining to dowery demand or continuation harassment can be counted as serious offence. Instant qiestion wjereas, person is not arrested then move the anticipatory bail under section 438 after arrest move regular bail application under section 439 or CrPC . Effect on government job or service would be there, but seriousness would be, when person is absent more then prescribed period. Sir, anybody can allege against someone for the offence for his or her involvment in friviouls grounds that does not constitute that he is pronounced as criminal, should be remain in jail and could not work or discharge his or her office obligation. The offence stated in questionairre are serious and should contact some good lawyer immediately.

Q: What to do if girlfriend threatens and harasses

Hello, excellencies I am a 27-year-old boy, and a girl of same age. We have a relationship for the last two years, and I also wasted my precious te with her but for a few months there is a kind of conflict between us. The background of girl is such a bad, that she had a illicit relationship with her brother, & she also sleep with him & I have an evidence (whatsapp chatting). when I got the truth and talk to her regarding this , at that time she obey all things those I told her. but now her behavior is not right to me, she ignoring me, and not attending my call. Or sms Earlier she attracts me by giving several nude, sensuous,fascinating , ravishing images, , I put all those are safe and secure., I have not shared anywhere. A number of times I told her all of things I told you to your parents in details but she threatening to telling me about women's rights. Right now, she has got a job and she threatens me to file an FIR. I am belonging to dalit society .

Advocate Naresh Panwar answered
Write-up is quite imaginary however you have raise an issue, which is again imaginary. In my opinion, friendship must be mutual there should not be any condition or force. You have to listen to your heart first and realise utmost that keeping the relationship with that girl is more important or living without it would helpful. Conditional or forceful relationship always has short life, let her go and enjoy her according to her wish, would benefit you more.

Q: Wrong treatment caused death of my wife want to take legal action

My wife was suffering from Leukemia, was taking treatment from AIIMS, the Treating Doctor suggested Autologous Bone Marrow transplant, which is actually not recommended in the type of Leukemia she had. After treatment she relapsed in 3 months and expired. I was in great grief since last six months after my wife expired. Can I take legal action against the Doctor now. He is one of the very reputed Doctor of AIIMS.

Advocate Naresh Panwar answered
There are two ways to initiate legal cases against the treating, for his negligence, such as criminal and Medico legal complaint.For both cases prerequisite condition are to have medical opinion, which can prove negligent on the part of treating and consideration paid for the service.Since AIIMS is a government concern and service taken or given without consideration, thus you cannot define or prove yourself as consumer for Medici legal complaint.For criminal complaint has to prove that treating doctor is negligent at his profession, ironically doctor or board constituted by doctor for doctor, to opinion on doctor negligence. You can have answer of it own. Even though, it is not helpful then do further write.Supreme Court has beautifully writes about medical negligence and it recourse or perception are, in Jacob vs. State 2005.

Q: What action can be taken against minor boy sexting with a minor girl

Sir, If a 16 year boy is involved in sexting with the girl of same age then what are the actions that can be taken against him.. Please tell

Advocate Naresh Panwar answered
Complaint to concern Police Station without fail firstly. For such offence India has enacted an act POCSO, Either minor boy or adult man, case has to book under POSCO, where evidemce of minor girl as victim.In this particular case, since offender or accused is happen to be minor then Juvenile Justice Board has the jurisdiction thereon, even there're special court for such offences.